CERCLA excludes (D) the normal application of fertilizer from the Superfund Act.
EPA claims if you consider sludge to be a normal application of fertilizer then it does not matter if it is a a
solid waste by law or a hazardous waste which may "(A) cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (B) pose a
substantial present or potential hazard to human health or the environment when improperly treated,
stored, transported, or disposed of, or otherwise managed."
Part 503.9 states exposure to the pollutants in sludge through the air, foodchain or water could "cause
death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions
(including malfunction in reproduction), or physical deformations." That qualifies sludge as hazardous
waste disposal, which may be authorized as a federal permitted release...........thereby avoiding Superfund
liability.
Knowing they are going to cause these health problems, EPA and the States issue permits and refuse to
investigate any health problems reported by victims exposed to pollutants off these illegal sludge
application sites identified by law as "Open Dumps.".
US CODE: TITLE 42,9601. DEFINITIONS
TITLE 42 - THE PUBLIC HEALTH AND WELFARE/CHAPTER 103 - COMPREHENSIVE
ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY/SUBCHAPTER I -
HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION
TITLE 42 > CHAPTER 103 > SUBCHAPTER I > § 9601
(22) The term “release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting,
escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels,
containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant), but
excludes
(A) any release which results in exposure to persons solely within a workplace, with respect to a claim
which such persons may assert against the employer of such persons,
(D) the normal application of fertilizer.
(29) The terms “disposal”, “hazardous waste”, and “treatment” shall have the meaning
provided in section 1004 of the Solid Waste Disposal Act [42 U.S.C. 6903].
(14) The term “hazardous substance” means
(A) any substance designated pursuant to section 311(b)(2)(A) of the Federal Water Pollution
Control Act [33 U.S.C. 1321 (b)(2)(A)],
(B) any element, compound, mixture, solution, or substance designated pursuant to section
9602 of this title,
(C) any hazardous waste having the characteristics identified under or listed pursuant to
section 3001 of the Solid Waste Disposal Act [42 U.S.C. 6921] (but not including any waste
the regulation of which under the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.] has been
suspended by Act of Congress),
(D) any toxic pollutant listed under section 307(a) of the Federal Water Pollution Control Act
[33 U.S.C. 1317 (a)],
(E) any hazardous air pollutant listed under section 112 of the Clean Air Act [42 U.S.C. 7412],
and
(F) any imminently hazardous chemical substance or mixture with respect to which the
Administrator has taken action pursuant to section 7 of the Toxic Substances Control Act [15
U.S.C. 2606]. The term does not include petroleum, including crude oil or any fraction thereof
which is not otherwise specifically listed or designated as a hazardous substance under
subparagraphs (A) through (F) of this paragraph, and the term does not include natural gas,
natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of
natural gas and such synthetic gas).